A woman who claimed she fractured her ankle when she allegedly slipped on a pub floor has lost her High Court action.
Mr Justice Michael Moriarty said, on balance he favoured the account of publican Andrew Johnston as to how Martina Minnock’s fall happened at his bar, The Beehive, Mountbolus, Co Offaly.
Ms Minnock had claimed she fell as a result of slipping on a wet floor while Mr Johnston said she fell after trying to lift her brother-in-law, John Cody, from behind during Mr Cody’s 40th birthday party at the pub.
Mr Johnston said, as a result of that, both Ms Minnock and Mr Cody fell to the ground.
Sadly for Ms Minnock, she had not discharged the onus of proof and he had no alternative but to dismiss the case, the judge held.
Ms Minnock, Arden View, Tullamore, had sued pub owners Andrew Johnston and Sian Marie Johnston as a result of the alleged fall on February 11th, 2012 when she attended the birthday party. She claimed the floor was permitted to be wet and slippy.
Risk of falling
The pub denied liability, denied the floor was wet and pleaded Ms Minnock attempted to lift Mr Cody and fell as a result and did not slip as alleged. It pleaded Ms Minnock was engaged in dangerous and boisterous behaviour with another patron when she fell and wilfully and recklessly engaged in behaviour that carried with it a risk of falling.
In his decision, Mr Justice Moriarty said it was not an easy case to decide but no middle road could be taken.
A sizeable number of the citizens of Mountbolus had testified and there were differences in the recollection of events, he said. There was also some controversy of one witness who gravitated from one side to another at a late stage.
In a “perfectly legitimate anxiety” to enjoy a friend’s birthday party, Ms Minnock may have exceeded a little the four or five glasses of lager she referred to, he said.
He also said Mr Johnston had sailed “close to the wind” as he did not at the time of the accident have insurance on the pub.
The judge warned the publican he could have faced bankruptcy or a “catastrophic” outcome if matters had gone the other way in the case and he hoped Mr Johnston would take prompt steps to put insurance in place.
Following an application for costs by the pub side, the judge said Ms Minnock suffered a nasty injury and it was a closely fought case. He awarded one day of the costs of the two-day hearing against Ms Minnock.